Capacity, Capacity, Capacity. I’ve argued that word over and over again up one side of the state and down the other. In all of civil litigation, the parties are required to clearly and specifically identify themselves but in 95% of foreclosure cases, the banksters get away with not pleading their entity status or authority at all.
It’s a simple thing and a very basic and fundamental part of all litigation, but still after all these years, they are failing to do so. Why are they pushing back so hard against this? Sloppiness? Laziness? I don’tknowidness? The real impact of all this will be felt for decades to come as title attorneys attempt to straighten out and clarify who exactly owns properties that have been run through the foreclosure gauntlet only to come out the other side with intact liens or other problems.
On a more grand scale however, the question is why are our courts executing judgments for millions of dollars and transferring real property into trusts and corporations that are not properly identified? There are so many squishy things that happen with these properties and plaintiffs….assignments of bid, motion to substitute party plaintiff, deeding from one entity to another post-sale. Which brings us right back to the question that must be asked anytime a lawsuit is filed….who is filing this lawsuit and do they have the capacity and legal authority to bring the claims?
Read this lawsuit for an example of how it is done correctly….